Donoghue v. Notth

Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation, ECF No. 42, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is correct.

The Prison Litigation Reform Act states "No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." § 1997e(a) (2000 ed.). Plaintiff, a prisoner, brings claims under section 1983. There is no dispute that plaintiff failed to fully exhaust the administrative remedies available by not pursuing the second level of the grievance procedures. Because plaintiff failed to properly exhaust the available administrative remedies, his claims are barred. Woodford v. Ngo, 548 U.S. 81, 93 (2006).

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